RAM PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, while working as Driver-cum-Mechanic Grade-II, was served with a charge-sheet on 27.10.1992, on the charges that 20 liters of diesel have been taken out of the official vehicle No. MRC-5245 which was under the charge of the petitioner and the same had been recovered. It was alleged that the petitioner had allowed a contractor man to take out that diesel from his vehicle on 25.08.1992 while he himself was present with the intention of misappropriation.

(2.) After the petitioner filed reply to the charge-sheet, an inquiry under Rule 9 of the Railways Servants (Discipline and Appeal) Rules, 1968 (hereinafter referred to as 'the Rules of 1968') was held. The Inquiry Officer submitted his report and found the petitioner guilty of the charges leveled against him. A notice was served on the petitioner for imposition of penalty informing him that he is reverted as a Driver at the lower stage in the scale of Rs. 950-1500 for a period of three years with cumulative effect. The departmental appeal preferred against the order of punishment failed before the Appellate Authority and was accordingly dismissed on 28.05.1993.

(3.) That the principal issue raised by the petitioner for consideration before the Tribunal was that concededly the respondents failed to appoint any Presenting Officer to present its case, though, the respondents could do so, under sub Rule 9(9)(c) of the Rules of 1968. Resultantly, the Inquiry Officer played a dual role of a Prosecutor and of a Judge. The inquiry proceedings were assailed being in flagrant violation of the principles of natural justice and on the ground of bias. It may be expedient and necessary, at this stage, to refer to the specific averments set out by the petitioner in this regard, in the Original Application, filed before the Tribunal, which read as thus:-